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Fight for justice (manager)     13 August 2014

After chargesheet - what?

False 498A FIR filed by wife against husband, sisters (married/unmarried), parents, brother in law. All family members are on anticipatory/notice bail. Charge sheet is being prepared by IO.

(i) When chargesheet is submitted to Magistrate, does IO have to provide evidence supporting the charges?

(ii) Does Magistrate review this evidence before admitting these charges?

(iii) All accusations are false. So, unless complainant has submitted false/fabricated evidence, there will be no evidence to support any of the accusations. On what basis will/can IO frame the charges? Only on basis of false verbal testimony of complainant, her parents, friends, family??

(iv) Does husbnand and his family members have to apply again for bail or convert their anticipatory/notice bail to permanent bail after chargesheet?

(v) For people who are employed/in service, do they need to inform their office about charge sheet being filed? It is not a conviction, just an accusation which has yet to be proved/accepted by law.

(v) Husband has high court order directing wife to allow husband to meet their 3 year old child once a month. for last 4 months, wife has not allowed husband to meet their child. Wife is working in same city as husband and says that she has sent the child away to her hometown. Is that appropriate? what remedy does husband have? how can he ensure well being of child and that she is not sent away from the city where both parents are residing? can any third person be allowed to keep custody of such small child?



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 3 Replies

Shonee Kapoor (Legal Evangelist - TRIPAKSHA)     13 August 2014

Chargesheet would contain the complete evidence (both oral, documentary and other material evidence) which the prosecution has collected. Mostly in 498a cases, it is just the oral statements of some people including parents and relatives.

 

Once you are admitted on Anticipatory Bail, you don't need to apply for bail again.

 

If the wife is not adhering to the orders of the HC; then you should file a contempt of court application.

 

 

Regards,

 
Shonee Kapoor

If you don't fight for what you want, don't cry for what you LOST.
1 Like

Fight for justice (manager)     14 August 2014

Thanks Shonee. Any views on how an employer would view the chargesheeting of an employee? Most institutions would have rules that "conviction" in a criminal case would be grounds for disciplinary action based on the principle that "innocent till proven guilty"...but what about a "chargesheet"? Maybe this is not really a legal query but want to understand what is the recommended action for the person named in the chargesheet?

If someone is on notice bail, do they have to apply for AB after chargesheet?

As regards the HC order, the wife says you go meet ur child in xyz city - so technically she is not stopping but she is creating unnecessary obstacles to harass the husband. The larger issue is why she is sending child away and deprving the child of both father and mother's care? Who is looking after child and is it right to send her away to anyone else's house/care? How does father ascertain if child is safe and well?

If mother is unable to take care of child, give child's custody to father! Can we ask for that?

Shonee Kapoor (Legal Evangelist - TRIPAKSHA)     14 August 2014

Most private employers does not mind chargesheeting of an employee, as long as there is no conviction.

 

However, if your work is suffering then it is a different matter.

 

Regards,

 
Shonee Kapoor

If you don't fight for what you want, don't cry for what you LOST.

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